JUDGMENT

S.P. KURDUKAR, J.

(1) THE appellant-original Accused 2 along with six other accused persons was tried in Sessions Case Trial No. 45 of 1984 for having committed the murder of one Ramesh Haribhau Himane popularly known as "Ramesh Patil" resident of Village Bhari District Yavatmal in the evening of 6/1/1984. The appellant and original Accused 1, 3 and 4 were charged under S. 302/34 of the Indian Penal Code whereas remaining three accused persons were charged for offences punishable under S. 201, 202 and 212 of the Indian Penal Code. Udeyshankar Dixit-original Accused 1, however, was murdered during the pendency of the trial hence it abated against him. The trial court by its judgment and order dated 8/7/1986, acquitted all the accused persons except the appellant who was convicted under S. 302/34 of the Indian Penal Code, and sentenced him to suffer imprisonment for life and to pay a fine of Rs. 1,000.00. The appellants appeal to the High court of Bombay. bench at Nagpur, came to be dismissed on 13/2/1988. It is against this judgment and order of the High court, the appellant on obtaining special leave has filed this appeal

(2) THE facts of the pr